IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 BEFORE:
THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CIVIL PETITION NO.130/2017 BETWEEN:
SMT KAVYASHREE G S W/O LOHITHKUMAR H O AGED ABOUT 32 YEARS ADVOCATE R/A NO.52 4TH CROSS, 24TH MAIN H S R LAYOUT IST SECTOR AGARA BANGALORE-560102 ..PETITIONER (BY SRI L. MAHESH, ADVOCATE FOR SMT. A MANJULA, ADVOCATE) AND:
LOHITHA KUMAR H O S/O LATE ONKARAIAH H C/O KUMAR AGED ABOUT 50 YEARS R/A NO.264, IST FLOOR 2ND CROSS, BASAVANAGUDI SHIVAMOGGA-577201 ..RESPONDENT (SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, BY THE ADVOCATE FOR PETITIONER PRAYING THIS HON'BLE COURT TO PASS AN ORDER TRANSFERRING THE MATRIMONIAL CASE FILED BY THE RESPONDENT HEREIN IN MC NO.209/2016 PENDING ON THE FILE OF HON'BLE FAMILY COURT SHIVAMOGGA TO BENGALURU 1ST ADDL. FAMILY COURT IN THE CRL. MIS. NO.3/2015 FILED BY THE PETITIONER WHICH IS PENDING.
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Heard learned counsel for petitioner. Respondent though served, remained absent.
2. Learned counsel also furnishes the acknowledgement for having served notice on the counsel appearing for respondent before Trial court. Perused the records.
3. It is clear from the pleadings in the petition that the respondent has filed M.C.No.209/2016 on the file of Family Court, Shivamogga wherein the petitioner herein has already filed a petition under Section 125 of Cr.P.C. in Crl.Mis.NO.3/2015 which is pending before I Additional Family Court at Bengaluru. The contents of the petition has not been countered by respondent as he failed to appear before the Court. There is no reason to disbelieve the version stated in the petition as it is submitted by the learned counsel that the respondent has already appeared in Crl.Mis.No.3/2015 pending on the file of I Additional Family Court, Bengaluru.
4. Under the above said circumstances, I do not find any strong reason to reject the prayer of the petitioner. Hence, the following:
ORDER 1. Petition is allowed.
2. M.C.No.209/2016 pending on the file of Family Court, Shivamogga is hereby withdrawn and ordered to be transferred to I Additional Family Court at Bengaluru wherein Crl.Mis.No.3/2015 is pending.
3. I Additional Family Court, Bengaluru, is hereby directed to secure the presence of the parties in M.C.No.209/2016 and proceed with the matter in accordance with law.
Sd/- JUDGE SBN